Dual purpose dispensing device

ABSTRACT

A device having a first compartment mechanism is configured to contain a darkening and texturizing composition including a threaded first base segment configured to enable a propulsion and retraction of the darkening and texturizing composition. A second compartment mechanism disposed approximately opposite the first compartment mechanism is configured to contain a glossing and coloring composition. A threaded second base segment configured to enable a propulsion and retraction of the glossing and coloring composition. The first compartment mechanism and second compartment mechanism is configured to be operable to be detached independently from each other.

CROSS-REFERENCE TO RELATED APPLICATIONS

Not applicable.

RELATED CO-PENDING U.S. PATENT APPLICATIONS

Not applicable.

FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT

Not applicable.

REFERENCE TO SEQUENCE LISTING, A TABLE, OR A COMPUTER LISTING APPENDIX

Not applicable.

COPYRIGHT NOTICE

A portion of the disclosure of this patent document contains material that is subject to copyright protection by the author thereof. The copyright owner has no objection to the facsimile reproduction by anyone of the patent document or patent disclosure for the purposes of referencing as patent prior art, as it appears in the Patent and Trademark Office, patent file or records, but otherwise reserves all copyright rights whatsoever.

FIELD OF THE INVENTION

One or more embodiments of the invention generally relate to a dual purpose dispensing device. More particularly, the invention relates to a dispensing device that stores an all-natural darkening and texturizing composition, and an all-natural glossing and coloring composition in diametrically opposing and separate compartments; while enabling each composition to dispense independently through a unique expulsion mechanism.

BACKGROUND OF THE INVENTION

The following background information may present examples of specific aspects of the prior art (e.g., without limitation, approaches, facts, or common wisdom) that, while expected to be helpful to further educate the reader as to additional aspects of the prior art, is not to be construed as limiting the present invention, or any embodiments thereof, to anything stated or implied therein or inferred thereupon.

The following is an example of a specific aspect in the prior art that, while expected to be helpful to further educate the reader as to additional aspects of the prior art, is not to be construed as limiting the present invention, or any embodiments thereof, to anything stated or implied therein or inferred thereupon. By way of educational background, another aspect of the prior art generally useful to be aware of is that make-up, or cosmetics are care substances used to enhance the appearance or odor of the human skin and body parts. The cosmetics may generally include mixtures of chemical compounds, some being derived from natural sources, such as coconut oil and others being synthetics.

It is known that lipstick is a cosmetic product containing pigments, oils, waxes, and emollients that apply color, texture, and protection to the lips. Many colors and types of lipstick exist; though a red shade is most common. Typically, lipstick dispensers are cylindrical containers with a hollow inner body providing a tubular chamber for holding a tube of lipstick. The tube of lipstick is fixedly mounted at one end thereof to an elevator-style wall that moves up and down the lipstick chamber to extend or retract the lipstick from an opening in one end of the inner body.

It is known that mascara is a cosmetic product used to enhance the eyes by partially covering then eyelashes. Typically, mascara darkens, thickens, lengthens, and helps define the eyelashes. Mascara is generally in one of three forms—liquid, cake, or cream. Typically, mascara has various formulas, including pigments, oils, waxes, and preservatives. A small brush with a bristled end is generally used to gently apply the mascara to the eye lashes.

In view of the foregoing, it is clear that these traditional techniques are not perfect and leave room for more optimal approaches.

BRIEF DESCRIPTION OF THE DRAWINGS

The present invention is illustrated by way of example, and not by way of limitation, in the figures of the accompanying drawings and in which like reference numerals refer to similar elements and in which:

FIG. 1 illustrates a perspective view of an exemplary dual purpose dispensing device, in accordance with an embodiment of the present invention;

FIG. 2 illustrates a perspective view of a dual purpose dispensing device, showing an exemplary first compartment and an exemplary second compartment, in accordance with an embodiment of the present invention; and

FIG. 3 illustrates a sectioned view of an exemplary dual purpose dispensing device, showing an exemplary rod in the first compartment, and an exemplary mold in the second compartment, in accordance with an embodiment of the present invention.

Unless otherwise indicated illustrations in the figures are not necessarily drawn to scale.

DETAILED DESCRIPTION OF SOME EMBODIMENTS

The present invention is best understood by reference to the detailed figures and description set forth herein.

Embodiments of the invention are discussed below with reference to the Figures. However, those skilled in the art will readily appreciate that the detailed description given herein with respect to these figures is for explanatory purposes as the invention extends beyond these limited embodiments. For example, it should be appreciated that those skilled in the art will, in light of the teachings of the present invention, recognize a multiplicity of alternate and suitable approaches, depending upon the needs of the particular application, to implement the functionality of any given detail described herein, beyond the particular implementation choices in the following embodiments described and shown. That is, there are modifications and variations of the invention that are too numerous to be listed but that all fit within the scope of the invention. Also, singular words should be read as plural and vice versa and masculine as feminine and vice versa, where appropriate, and alternative embodiments do not necessarily imply that the two are mutually exclusive.

It is to be further understood that the present invention is not limited to the particular methodology, compounds, materials, manufacturing techniques, uses, and applications, described herein, as these may vary. It is also to be understood that the terminology used herein is used for the purpose of describing particular embodiments only, and is not intended to limit the scope of the present invention. It must be noted that as used herein and in the appended claims, the singular forms “a,” “an,” and “the” include the plural reference unless the context clearly dictates otherwise. Thus, for example, a reference to “an element” is a reference to one or more elements and includes equivalents thereof known to those skilled in the art. Similarly, for another example, a reference to “a step” or “a means” is a reference to one or more steps or means and may include sub-steps and subservient means. All conjunctions used are to be understood in the most inclusive sense possible. Thus, the word “or” should be understood as having the definition of a logical “or” rather than that of a logical “exclusive or” unless the context clearly necessitates otherwise. Structures described herein are to be understood also to refer to functional equivalents of such structures. Language that may be construed to express approximation should be so understood unless the context clearly dictates otherwise.

All words of approximation as used in the present disclosure and claims should be construed to mean “approximate,” rather than “perfect,” and may accordingly be employed as a meaningful modifier to any other word, specified parameter, quantity, quality, or concept. Words of approximation, include, yet are not limited to terms such as “substantial”, “nearly”, “almost”, “about”, “generally”, “largely”, “essentially”, “closely approximate”, etc.

As will be established in some detail below, is well settle law, as early as 1939, that words of approximation are not indefinite in the claims even when such limits are not defined or specified in the specification.

For example, see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App. 1941) where the court said “The examiner has held that most of the claims are inaccurate because apparently the laminar film will not be entirely eliminated. The claims specify that the film is “substantially” eliminated and for the intended purpose, it is believed that the slight portion of the film which may remain is negligible. We are of the view, therefore, that the claims may be regarded as sufficiently accurate.”

Note that claims need only “reasonably apprise those skilled in the art” as to their scope to satisfy the definiteness requirement. See Energy Absorption Sys., Inc. v. Roadway Safety Servs., Inc., Civ. App. 96-1264, slip op. at 10 (Fed. Cir. July 3, 1997) (unpublished) Hybridtech v. Monoclonal Antibodies, Inc., 802 F.2d 1367, 1385, 231 USPQ 81, 94 (Fed. Cir. 1986), cert. denied, 480 U.S. 947 (1987). In addition, the use of modifiers in the claim, like “generally” and “substantial,” does not by itself render the claims indefinite. See Seattle Box Co. v. Industrial Crating & Packing, Inc., 731 F.2d 818, 828-29, 221 USPQ 568, 575-76 (Fed. Cir. 1984).

Moreover, the ordinary and customary meaning of terms like “substantially” includes “reasonably close to: nearly, almost, about”, connoting a term of approximation. See In re Frye, Appeal No. 2009-006013, 94 USPQ2d 1072, 1077, 2010 WL 889747 (B.P.A.I. 2010) Depending on its usage, the word “substantially” can denote either language of approximation or language of magnitude. Deering Precision Instruments, L.L.C. v. Vector Distribution Sys., Inc., 347 F.3d 1314, 1323 (Fed. Cir. 2003) (recognizing the “dual ordinary meaning of th[e] term [”substantially“] as connoting a term of approximation or a term of magnitude”). Here, when referring to the “substantially halfway” limitation, the Specification uses the word “approximately” as a substitute for the word “substantially” (Fact 4). (Fact 4). The ordinary meaning of “substantially halfway” is thus reasonably close to or nearly at the midpoint between the forwardmost point of the upper or outsole and the rearwardmost point of the upper or outsole.

Similarly, term ‘substantially’ is well recognize in case law to have the dual ordinary meaning of connoting a term of approximation or a term of magnitude. See Dana Corp. v. American Axle & Manufacturing, Inc., Civ. App. 04-1116, 2004 U.S. App. LEXIS 18265, *13-14 (Fed. Cir. Aug. 27, 2004) (unpublished). The term “substantially” is commonly used by claim drafters to indicate approximation. See Cordis Corp. v. Medtronic AVE Inc., 339 F.3d 1352, 1360 (Fed. Cir. 2003) (“The patents do not set out any numerical standard by which to determine whether the thickness of the wall surface is ‘substantially uniform.’ The term ‘substantially,’ as used in this context, denotes approximation. Thus, the walls must be of largely or approximately uniform thickness.”); see also Deering Precision Instruments, LLC v. Vector Distribution Sys., Inc., 347 F.3d 1314, 1322 (Fed. Cir. 2003); Epcon Gas Sys., Inc. v. Bauer Compressors, Inc., 279 F.3d 1022, 1031 (Fed. Cir. 2002). We find that the term “substantially” was used in just such a manner in the claims of the patents-in-suit: “substantially uniform wall thickness” denotes a wall thickness with approximate uniformity.

It should also be noted that such words of approximation as contemplated in the foregoing clearly limits the scope of claims such as saying ‘generally parallel’ such that the adverb ‘generally’ does not broaden the meaning of parallel. Accordingly, it is well settled that such words of approximation as contemplated in the foregoing (e.g., like the phrase ‘generally parallel’) envisions some amount of deviation from perfection (e.g., not exactly parallel), and that such words of approximation as contemplated in the foregoing are descriptive terms commonly used in patent claims to avoid a strict numerical boundary to the specified parameter. To the extent that the plain language of the claims relying on such words of approximation as contemplated in the foregoing are clear and uncontradicted by anything in the written description herein or the figures thereof, it is improper to rely upon the present written description, the figures, or the prosecution history to add limitations to any of the claim of the present invention with respect to such words of approximation as contemplated in the foregoing. That is, under such circumstances, relying on the written description and prosecution history to reject the ordinary and customary meanings of the words themselves is impermissible. See, for example, Liquid Dynamics Corp. v. Vaughan Co., 355 F.3d 1361, 69 USPQ2d 1595, 1600-01 (Fed. Cir. 2004). The plain language of phrase 2 requires a “substantial helical flow.” The term “substantial” is a meaningful modifier implying “approximate,” rather than “perfect.” In Cordis Corp. v. Medtronic AVE, Inc., 339 F.3d 1352, 1361 (Fed. Cir. 2003), the district court imposed a precise numeric constraint on the term “substantially uniform thickness.” We noted that the proper interpretation of this term was “of largely or approximately uniform thickness” unless something in the prosecution history imposed the “clear and unmistakable disclaimer” needed for narrowing beyond this simple-language interpretation. Id. In Anchor Wall Systems v. Rockwood Retaining Walls, Inc., 340 F.3d 1298, 1311 (Fed. Cir. 2003” Id. at 1311. Similarly, the plain language of claim 1 requires neither a perfectly helical flow nor a flow that returns precisely to the center after one rotation (a limitation that arises only as a logical consequence of requiring a perfectly helical flow).

The reader should appreciate that case law generally recognizes a dual ordinary meaning of such words of approximation, as contemplated in the foregoing, as connoting a term of approximation or a term of magnitude; e.g., see Deering Precision Instruments, L.L.C. v. Vector Distrib. Sys., Inc., 347 F.3d 1314, 68 USPQ2d 1716, 1721 (Fed. Cir. 2003), cert. denied, 124 S. Ct. 1426 (2004) where the court was asked to construe the meaning of the term “substantially” in a patent claim. Also see Epcon, 279 F.3d at 1031 (“The phrase ‘substantially constant’ denotes language of approximation, while the phrase ‘substantially below’ signifies language of magnitude, i.e., not insubstantial.”). Also, see, e.g., Epcon Gas Sys., Inc. v. Bauer Compressors, Inc., 279 F.3d 1022 (Fed. Cir. 2002) (construing the terms “substantially constant” and “substantially below”); Zodiac Pool Care, Inc. v. Hoffinger Indus., Inc., 206 F.3d 1408 (Fed. Cir. 2000) (construing the term “substantially inward”); York Prods., Inc. v. Cent. Tractor Farm & Family Ctr., 99 F.3d 1568 (Fed. Cir. 1996) (construing the term “substantially the entire height thereof”); Tex. Instruments Inc. v. Cypress Semiconductor Corp., 90 F.3d 1558 (Fed. Cir. 1996) (construing the term “substantially in the common plane”). In conducting their analysis, the court instructed to begin with the ordinary meaning of the claim terms to one of ordinary skill in the art. Prima Tek, 318 F.3d at 1148. Reference to dictionaries and our cases indicates that the term “substantially” has numerous ordinary meanings. As the district court stated, “substantially” can mean “significantly” or “considerably.” The term “substantially” can also mean “largely” or “essentially.” Webster's New 20th Century Dictionary 1817 (1983).

Words of approximation, as contemplated in the foregoing, may also be used in phrases establishing approximate ranges or limits, where the end points are inclusive and approximate, not perfect; e.g., see AK Steel Corp. v. Sollac, 344 F.3d 1234, 68 USPQ2d 1280, 1285 (Fed. Cir. 2003) where it where the court said [W]e conclude that the ordinary meaning of the phrase “up to about 10%” includes the “about 10%” endpoint. As pointed out by AK Steel, when an object of the preposition “up to” is nonnumeric, the most natural meaning is to exclude the object (e.g., painting the wall up to the door). On the other hand, as pointed out by Sollac, when the object is a numerical limit, the normal meaning is to include that upper numerical limit (e.g., counting up to ten, seating capacity for up to seven passengers). Because we have here a numerical limit—“about 10%”—the ordinary meaning is that that endpoint is included.

In the present specification and claims, a goal of employment of such words of approximation, as contemplated in the foregoing, is to avoid a strict numerical boundary to the modified specified parameter, as sanctioned by Pall Corp. v. Micron Separations, Inc., 66 F.3d 1211, 1217, 36 USPQ2d 1225, 1229 (Fed. Cir. 1995) where it states “It is well established that when the term “substantially” serves reasonably to describe the subject matter so that its scope would be understood by persons in the field of the invention, and to distinguish the claimed subject matter from the prior art, it is not indefinite.” Likewise see Verve LLC v. Crane Cams Inc., 311 F.3d 1116, 65 USPQ2d 1051, 1054 (Fed. Cir. 2002). Expressions such as “substantially” are used in patent documents when warranted by the nature of the invention, in order to accommodate the minor variations that may be appropriate to secure the invention. Such usage may well satisfy the charge to “particularly point out and distinctly claim” the invention, 35 U.S.C. §112, and indeed may be necessary in order to provide the inventor with the benefit of his invention. In Andrew Corp. v. Gabriel Elecs. Inc., 847 F.2d 819, 821-22, 6 USPQ2d 2010, 2013 (Fed. Cir. 1988) the court explained that usages such as “substantially equal” and “closely approximate” may serve to describe the invention with precision appropriate to the technology and without intruding on the prior art. The court again explained in Ecolab Inc. v. Envirochem, Inc., 264 F.3d 1358, 1367, 60 USPQ2d 1173, 1179 (Fed. Cir. 2001) that “like the term ‘about,’ the term ‘substantially’ is a descriptive term commonly used in patent claims to ‘avoid a strict numerical boundary to the specified parameter, see Ecolab Inc. v. Envirochem Inc., 264 F.3d 1358, 60 USPQ2d 1173, 1179 (Fed. Cir. 2001) where the court found that the use of the term “substantially” to modify the term “uniform” does not render this phrase so unclear such that there is no means by which to ascertain the claim scope.

Similarly, other courts have noted that like the term “about,” the term “substantially” is a descriptive term commonly used in patent claims to “avoid a strict numerical boundary to the specified parameter.”; e.g., see Pall Corp. v. Micron Seps., 66 F.3d 1211, 1217, 36 USPQ2d 1225, 1229 (Fed. Cir. 1995); see, e.g., Andrew Corp. v. Gabriel Elecs. Inc., 847 F.2d 819, 821-22, 6 USPQ2d 2010, 2013 (Fed. Cir. 1988) (noting that terms such as “approach each other,” “close to,” “substantially equal,” and “closely approximate” are ubiquitously used in patent claims and that such usages, when serving reasonably to describe the claimed subject matter to those of skill in the field of the invention, and to distinguish the claimed subject matter from the prior art, have been accepted in patent examination and upheld by the courts). In this case, “substantially” avoids the strict 100% nonuniformity boundary.

Indeed, the foregoing sanctioning of such words of approximation, as contemplated in the foregoing, has been established as early as 1939, see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App. 1941) where, for example, the court said “the claims specify that the film is “substantially” eliminated and for the intended purpose, it is believed that the slight portion of the film which may remain is negligible. We are of the view, therefore, that the claims may be regarded as sufficiently accurate.” Similarly, In re Hutchison, 104 F.2d 829, 42 USPQ 90, 93 (C.C.P.A. 1939) the court said “It is realized that “substantial distance” is a relative and somewhat indefinite term, or phrase, but terms and phrases of this character are not uncommon in patents in cases where, according to the art involved, the meaning can be determined with reasonable clearness.”

Hence, for at least the forgoing reason, Applicants submit that it is improper for any examiner to hold as indefinite any claims of the present patent that employ any words of approximation.

Unless defined otherwise, all technical and scientific terms used herein have the same meanings as commonly understood by one of ordinary skill in the art to which this invention belongs. Preferred methods, techniques, devices, and materials are described, although any methods, techniques, devices, or materials similar or equivalent to those described herein may be used in the practice or testing of the present invention. Structures described herein are to be understood also to refer to functional equivalents of such structures. The present invention will now be described in detail with reference to embodiments thereof as illustrated in the accompanying drawings.

From reading the present disclosure, other variations and modifications will be apparent to persons skilled in the art. Such variations and modifications may involve equivalent and other features which are already known in the art, and which may be used instead of or in addition to features already described herein.

Although Claims have been formulated in this Application to particular combinations of features, it should be understood that the scope of the disclosure of the present invention also includes any novel feature or any novel combination of features disclosed herein either explicitly or implicitly or any generalization thereof, whether or not it relates to the same invention as presently claimed in any Claim and whether or not it mitigates any or all of the same technical problems as does the present invention.

Features which are described in the context of separate embodiments may also be provided in combination in a single embodiment. Conversely, various features which are, for brevity, described in the context of a single embodiment, may also be provided separately or in any suitable subcombination. The Applicants hereby give notice that new Claims may be formulated to such features and/or combinations of such features during the prosecution of the present Application or of any further Application derived therefrom.

References to “one embodiment,” “an embodiment,” “example embodiment,” “various embodiments,” “some embodiments,” “embodiments of the invention,” etc., may indicate that the embodiment(s) of the invention so described may include a particular feature, structure, or characteristic, but not every possible embodiment of the invention necessarily includes the particular feature, structure, or characteristic. Further, repeated use of the phrase “in one embodiment,” or “in an exemplary embodiment,” “an embodiment,” do not necessarily refer to the same embodiment, although they may. Moreover, any use of phrases like “embodiments” in connection with “the invention” are never meant to characterize that all embodiments of the invention must include the particular feature, structure, or characteristic, and should instead be understood to mean “at least some embodiments of the invention” includes the stated particular feature, structure, or characteristic.

References to “user”, or any similar term, as used herein, may mean a human or non-human user thereof. Moreover, “user”, or any similar term, as used herein, unless expressly stipulated otherwise, is contemplated to mean users at any stage of the usage process, to include, without limitation, direct user(s), intermediate user(s), indirect user(s), and end user(s). The meaning of “user”, or any similar term, as used herein, should not be otherwise inferred or induced by any pattern(s) of description, embodiments, examples, or referenced prior-art that may (or may not) be provided in the present patent.

References to “end user”, or any similar term, as used herein, is generally intended to mean late stage user(s) as opposed to early stage user(s). Hence, it is contemplated that there may be a multiplicity of different types of “end user” near the end stage of the usage process. Where applicable, especially with respect to distribution channels of embodiments of the invention comprising consumed retail products/services thereof (as opposed to sellers/vendors or Original Equipment Manufacturers), examples of an “end user” may include, without limitation, a “consumer”, “buyer”, “customer”, “purchaser”, “shopper”, “enjoyer”, “viewer”, or individual person or non-human thing benefiting in any way, directly or indirectly, from use of or interaction, with some aspect of the present invention.

In some situations, some embodiments of the present invention may provide beneficial usage to more than one stage or type of usage in the foregoing usage process. In such cases where multiple embodiments targeting various stages of the usage process are described, references to “end user”, or any similar term, as used therein, are generally intended to not include the user that is the furthest removed, in the foregoing usage process, from the final user therein of an embodiment of the present invention.

Where applicable, especially with respect to retail distribution channels of embodiments of the invention, intermediate user(s) may include, without limitation, any individual person or non-human thing benefiting in any way, directly or indirectly, from use of, or interaction with, some aspect of the present invention with respect to selling, vending, Original Equipment Manufacturing, marketing, merchandising, distributing, service providing, and the like thereof.

References to “person”, “individual”, “human”, “a party”, “animal”, “creature”, or any similar term, as used herein, even if the context or particular embodiment implies living user, maker, or participant, it should be understood that such characterizations are sole by way of example, and not limitation, in that it is contemplated that any such usage, making, or participation by a living entity in connection with making, using, and/or participating, in any way, with embodiments of the present invention may be substituted by such similar performed by a suitably configured non-living entity, to include, without limitation, automated machines, robots, humanoids, computational systems, information processing systems, artificially intelligent systems, and the like. It is further contemplated that those skilled in the art will readily recognize the practical situations where such living makers, users, and/or participants with embodiments of the present invention may be in whole, or in part, replaced with such non-living makers, users, and/or participants with embodiments of the present invention. Likewise, when those skilled in the art identify such practical situations where such living makers, users, and/or participants with embodiments of the present invention may be in whole, or in part, replaced with such non-living makers, it will be readily apparent in light of the teachings of the present invention how to adapt the described embodiments to be suitable for such non-living makers, users, and/or participants with embodiments of the present invention. Thus, the invention is thus to also cover all such modifications, equivalents, and alternatives falling within the spirit and scope of such adaptations and modifications, at least in part, for such non-living entities.

Headings provided herein are for convenience and are not to be taken as limiting the disclosure in any way.

The enumerated listing of items does not imply that any or all of the items are mutually exclusive, unless expressly specified otherwise.

It is understood that the use of specific component, device and/or parameter names are for example only and not meant to imply any limitations on the invention. The invention may thus be implemented with different nomenclature/terminology utilized to describe the mechanisms/units/structures/components/devices/parameters herein, without limitation. Each term utilized herein is to be given its broadest interpretation given the context in which that term is utilized.

Terminology. The following paragraphs provide definitions and/or context for terms found in this disclosure (including the appended claims):

“Comprising.” This term is open-ended. As used in the appended claims, this term does not foreclose additional structure or steps. Consider a claim that recites: “A memory controller comprising a system cache . . . . ” Such a claim does not foreclose the memory controller from including additional components (e.g., a memory channel unit, a switch).

“Configured To.” Various units, circuits, or other components may be described or claimed as “configured to” perform a task or tasks. In such contexts, “configured to” or “operable for” is used to connote structure by indicating that the mechanisms/units/circuits/components include structure (e.g., circuitry and/or mechanisms) that performs the task or tasks during operation. As such, the mechanisms/unit/circuit/component can be said to be configured to (or be operable) for perform(ing) the task even when the specified mechanisms/unit/circuit/component is not currently operational (e.g., is not on). The mechanisms/units/circuits/components used with the “configured to” or “operable for” language include hardware--for example, mechanisms, structures, electronics, circuits, memory storing program instructions executable to implement the operation, etc. Reciting that a mechanism/unit/circuit/component is “configured to” or “operable for” perform(ing) one or more tasks is expressly intended not to invoke 35 U.S.C. .sctn.112, sixth paragraph, for that mechanism/unit/circuit/component. “Configured to” may also include adapting a manufacturing process to fabricate devices or components that are adapted to implement or perform one or more tasks.

“Based On.” As used herein, this term is used to describe one or more factors that affect a determination. This term does not foreclose additional factors that may affect a determination. That is, a determination may be solely based on those factors or based, at least in part, on those factors. Consider the phrase “determine A based on B.” While B may be a factor that affects the determination of A, such a phrase does not foreclose the determination of A from also being based on C. In other instances, A may be determined based solely on B.

The terms “a”, “an” and “the” mean “one or more”, unless expressly specified otherwise.

Unless otherwise indicated, all numbers expressing conditions, concentrations, dimensions, and so forth used in the specification and claims are to be understood as being modified in all instances by the term “about.” Accordingly, unless indicated to the contrary, the numerical parameters set forth in the following specification and attached claims are approximations that may vary depending at least upon a specific analytical technique.

The term “comprising,” which is synonymous with “including,” “containing,” or “characterized by” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. “Comprising” is a term of art used in claim language which means that the named claim elements are essential, but other claim elements may be added and still form a construct within the scope of the claim.

As used herein, the phase “consisting of” excludes any element, step, or ingredient not specified in the claim. When the phrase “consists of” (or variations thereof) appears in a clause of the body of a claim, rather than immediately following the preamble, it limits only the element set forth in that clause; other elements are not excluded from the claim as a whole. As used herein, the phase “consisting essentially of” limits the scope of a claim to the specified elements or method steps, plus those that do not materially affect the basis and novel characteristic(s) of the claimed subject matter.

With respect to the terms “comprising,” “consisting of,” and “consisting essentially of” where one of these three terms is used herein, the presently disclosed and claimed subject matter may include the use of either of the other two terms. Thus in some embodiments not otherwise explicitly recited, any instance of “comprising” may be replaced by “consisting of” or, alternatively, by “consisting essentially of.”

Devices or system modules that are in at least general communication with each other need not be in continuous communication with each other, unless expressly specified otherwise. In addition, devices or system modules that are in at least general communication with each other may communicate directly or indirectly through one or more intermediaries.

A description of an embodiment with several components in communication with each other does not imply that all such components are required. On the contrary a variety of optional components are described to illustrate the wide variety of possible embodiments of the present invention.

As is well known to those skilled in the art many careful considerations and compromises typically must be made when designing for the optimal manufacture of a commercial implementation any system, and in particular, the embodiments of the present invention. A commercial implementation in accordance with the spirit and teachings of the present invention may configured according to the needs of the particular application, whereby any aspect(s), feature(s), function(s), result(s), component(s), approach(es), or step(s) of the teachings related to any described embodiment of the present invention may be suitably omitted, included, adapted, mixed and matched, or improved and/or optimized by those skilled in the art, using their average skills and known techniques, to achieve the desired implementation that addresses the needs of the particular application.

The present invention will now be described in detail with reference to embodiments thereof as illustrated in the accompanying drawings.

There are various types of cosmetic dispensers that may be provided by preferred embodiments of the present invention. In one embodiment of the present invention, a dual purpose dispensing device is configured to store an all-natural darkening and texturizing composition, and an all-natural glossing and coloring composition in diametrically opposing and separate compartments. The device is also configured to enable each composition to dispense independently through a unique expulsion mechanism.

The device may include a first compartment mechanism configured to at least partially contain the darkening and texturizing composition. The first compartment mechanism may at least partially cover the darkening and texturizing composition in order to prevent the drying out or contamination of the darkening and texturizing composition. The first compartment mechanism may include a first distal portion and a first base segment that is threaded. The first compartment mechanism may include a first cavity section. A rod implement may position generally concentric in the first compartment mechanism. The rod implement may include a rod mount end and a brush end applicator. The brush end applicator is configured to apply the darkening and texturizing composition. In some embodiments, the brush end applicator may include a plurality of bristles that are coated with the darkening and texturizing composition. In some embodiments, the darkening and texturizing composition may include, without limitation, mascara, a cosmetic powder, and a pigment.

The device may also include a second compartment mechanism configured to at least partially contain the glossing and coloring composition. The second compartment mechanism may at least partially cover the glossing and coloring composition in order to prevent the drying out or contamination of the glossing and coloring composition. The second compartment mechanism may include a second distal portion and a second base segment that is threaded. The second compartment mechanism may include a second cavity section. The glossing and coloring composition may be shaped and dimensioned to form a mold piece. The mold piece at least partially fits inside the second cavity section of the second compartment mechanism. The mold piece comprises a mold mount end and an application end. In some embodiments, the glossing and coloring composition may include, without limitation, lipstick, lip balm, lip liner, and a pigmented wax.

In some embodiments, the first compartment mechanism and the second compartment mechanism may be detached independently from each other to expose their respective rod implement and mold piece. The mold piece may be configured to apply the glossing and coloring composition by gripping and manipulating the first compartment mechanism. Conversely, the rod implement may be configured to apply the darkening and texturizing composition by gripping and manipulating the second compartment mechanism.

In some embodiments, the first and second compartment mechanisms may be separated by an elevator appliance portion at their respective base segments. The elevator appliance portion may include a generally flat panel that has a diameter approximately the same as the first and second compartment mechanisms. The elevator appliance portion may serve the dual purpose of separating the compartments, and also propelling and retracting the rod implement and mold piece from their respective compartments. The rod mount end of the rod implement engages the elevator appliance portion. The mold mount end of the mold piece also engages the elevator appliance portion from a diametrically opposing direction. In this manner, the elevator appliance portion may threadably engage the first and second base segment for axial propulsion and retraction functions.

The elevator section portion may be configured to selectively move along the axes of the first and second compartment mechanisms, so as to axially propel and retract the rod implement and the mold piece independently of each other from their respective compartments. In one operational embodiment, the elevator appliance portion rotates in a first direction, such that the first base segment carrying the rod implement is propelled outwardly from the first compartment mechanism, and the second base segment carrying the mold piece is retracted inwardly into the second cavity section of the second compartment mechanism. Upon full extension of the brush end applicator of the rod implement from the first compartment mechanism, the darkening and texturizing composition may be applied. The amount of the rod implement that may extend from the first compartment mechanism is selectively determined through adjustable rotation of the elevator appliance portion.

In another operational embodiment, the elevator appliance portion rotates in a second direction, such that the second base segment carrying the mold piece is propelled outwardly from the second compartment mechanism, and the first base segment carrying the rod implement is retracted inwardly into the first cavity section of the first compartment mechanism. Upon full extension of the application end of the mold piece from the second compartment mechanism, the glossing and coloring composition may be applied. The amount of the mold piece that may extend from the second compartment mechanism is selectively determined through adjustable rotation of the elevator appliance portion.

FIG. 1 illustrates a perspective view of an exemplary dual purpose dispensing device. In one aspect, a dual purpose dispensing device 100 is configured to store an all-natural darkening and texturizing composition, and an all-natural glossing and coloring composition in diametrically opposing and separate compartments. The device is also configured to enable each composition to dispense independently through a unique expulsion mechanism that enables independent, one-handed propulsion and extraction of the compositions from the device. Suitable materials for device may include, without limitation, post-consumer recycled plastic, a rigid polymer, a metal, an aluminum tube, a clear plastic tube and acrylic.

Those skilled in the art will recognize that cosmetics, such as mascara and lipstick are often packaged in two-piece tubes with an axially moving base for mounting, extending, and retracting the mascara and lipstick. A separate closure cap may be removed and replaced with each application of the mascara and lipstick. However, this invention requires two separate application instruments. The dual purpose device, taught here, provides storage, access, and easy application for combining two different cosmetic compositions into the same device. Other cosmetics for the devise may include, without limitation, lip gloss and lipstick, blush and concealer, blush and lip gloss, eyeliner and foundation.

In some embodiments, the device may utilize a first compartment mechanism 102 for containing a darkening and texturizing composition. The first compartment mechanism may at least partially cover the darkening and texturizing composition in order to prevent the drying out or contamination of the darkening and texturizing composition. The first container may be spaced away from the darkening and texturizing composition so that a margin of the darkening and texturizing composition may be exposed for easy application to the eye lashes. In one embodiment, the darkening and texturizing composition is all natural, paraben free, and not tested on animals.

In some embodiments, the darkening and texturizing composition may include, without limitation, mascara, a cosmetic powder, and a pigment. The first compartment mechanism may include a first distal portion 104 and a first base segment 106 that is threaded. The threaded configuration of the first base segment enables the propulsion and retraction of the darkening and texturizing composition relative to the first compartment mechanism, as described below. The first compartment mechanism may include a first cavity section that is sufficiently sized and dimensioned to contain the darkening and texturizing composition and applicators thereof.

In one embodiment, a generally elongated rod implement may position generally concentric in the first cavity of the first compartment mechanism. The rod implement may include a rod mount end and a brush end applicator. The rod mount end provides a solid foundation for the rod implement. The brush end applicator is configured to apply the darkening and texturizing composition. In some embodiments, the brush end applicator may include a plurality of bristles that are coated with the darkening and texturizing composition. Suitable materials for the rod implement may include a flexible metal, a flexible polymer, and wood.

In some embodiments, the device may also include a second compartment mechanism 108 that is diametrically oppositely disposed from the first compartment mechanism. The second compartment mechanism is configured to contain a glossing and coloring composition. In some embodiments, the glossing and coloring composition may include, without limitation, lipstick, lip balm, lip liner, and a pigmented wax. The unique composition of the glossing and coloring composition enables molding into a desired shape that fits inside the second cavity of the second compartment mechanism. In one embodiment, the glossing and coloring composition is all natural, paraben free, and not tested on animals.

The second compartment mechanism may at least partially cover the glossing and coloring composition in order to prevent the drying out or contamination of the glossing and coloring composition. The second container may be spaced away from the glossing and coloring composition so that a margin of the glossing and coloring composition may be exposed for easy application to the lips. In one embodiment, the second compartment mechanism comprises a second distal portion 110 and a second base segment 112 that is threaded. The threaded configuration of the second base segment enables the propulsion and retraction of the glossing and coloring composition relative to the second compartment mechanism, as described below. The second compartment mechanism may include a second cavity section that is sufficiently sized and dimensioned to contain the darkening and texturizing composition and applicators thereof.

The glossing and coloring composition may be shaped and dimensioned to form a mold piece 120. The mold piece 120 at least partially fits inside the second cavity section of the second compartment mechanism. The mold piece 120 comprises a mold mount end 118 and an application end 122. In some embodiments, the mold piece may be generally cylindrical in shape. Though a rectangular or generally elongated shape may also be used.

In some embodiments, the first compartment and the second compartment mechanisms may be detached independently from each other to expose their respective rod implement and mold piece. The mold piece may be configured to apply the glossing and coloring composition by gripping and manipulating the first compartment mechanism. Conversely, the rod implement may be configured to apply the darkening and texturizing composition by gripping and manipulating the second compartment mechanism.

In some embodiments, the first and second compartment mechanisms may be separated by an elevator appliance portion 114 at their respective bases. The elevator appliance portion may include a generally flat panel 116 that has a diameter approximately the same as the first and second compartment mechanisms. The flat panel may separate the first and second compartment mechanisms. The elevator appliance portion 114 may serve the dual purpose of separating the compartments, and also propelling and retracting the rod implement and mold piece from their respective compartments. The rod mount end of the rod implement engages the elevator appliance portion. The mold mount end 118 of the mold piece also engages the elevator appliance portion from a diametrically opposing direction. The elevator appliance portion may be threaded. In this manner, the elevator appliance portion may threadably engage the first and second base segment for axial propulsion and retraction functions. In additional embodiments, a twisted mechanism may allow each side of the first and second compartment mechanisms to twist from the middle to use and then be able to twist back after use.

FIG. 2 illustrates a perspective view of a dual purpose dispensing device, showing an exemplary first compartment and an exemplary second compartment mechanisms. In one aspect, the elevator appliance portion may be configured to selectively move along the axes of the first and second compartment mechanisms, so as to axially propel and retract the rod implement and the mold piece independently of each other from their respective compartments.

In one operational embodiment, the elevator appliance portion 114 rotates in a first direction, such that the first base segment carrying the rod implement is propelled outwardly from the first compartment mechanism, and the second base segment carrying the mold piece is retracted inwardly into the second cavity of the second compartment mechanism. This is possible because rotation of the elevator appliance portion against the threads of the bases in a first direction propels the elevator appliance portion towards the first compartment mechanism. Upon full extension of the brush end applicator of the rod implement from the first compartment mechanism, the darkening and texturizing composition may be applied. The amount of the rod implement that may extend from the first compartment mechanism is selectively determined through adjustable rotation of the elevator appliance portion.

In another operational embodiment, the elevator appliance portion 114 rotates in a second direction, such that the second base segment carrying the mold piece is propelled outwardly from the second compartment mechanism, and the first base segment carrying the rod implement is retracted inwardly into the first cavity of the first compartment mechanism. This is possible because rotation of the elevator appliance portion against the threads of the bases in a second direction propels the elevator appliance portion towards the second compartment mechanism. Upon full extension of the application end of the mold piece from the second compartment mechanism, the glossing and coloring composition may be applied. The amount of the mold piece that may extend from the second compartment mechanism is selectively determined through adjustable rotation of the elevator appliance portion.

FIG. 3 illustrates a sectioned view of an exemplary dual purpose dispensing device, showing an exemplary rod implement in the first compartment mechanism, and an exemplary mold piece in the second compartment mechanism. In one aspect, the first and second compartment mechanisms may have a first cavity 312 and a second cavity 314 to contain the respective rod implement and mold piece.

In one embodiment, a rod implement 306 may be contained inside the first cavity of the first compartment mechanism. The rod implement is configured to carry and apply the darkening and texturizing composition. The rod implement may include a rod mount end 308 that joins with the first base. The rod implement may further include a brush end applicator 310 having a plurality of bristles for applying the darkening and texturizing composition. In one embodiment, the darkening and texturizing composition is mascara applied to the eye lashes. The first cavity may be sized and dimensioned to receive various sizes and shapes of rods. The cavity must also take into account the perpendicular extending bristles that extend from the brush end applicator of the rod implement, so as not to crush the bristles along the inner wall of the first compartment mechanism.

In one embodiment, a mold piece 300 may be contained inside the second cavity of the second compartment mechanism. The mold piece is in essence, the glossing and coloring composition compacted to fit inside the second cavity of the second compartment mechanism. The mold piece may include a mold mount end 302 that joins with the second base. The mold piece may further include an application end 304 for applying the glossing and coloring composition. In one embodiment, the glossing and coloring composition is lipstick applied to the lips.

In one alternative embodiment, a third cosmetic could be propelled and retracted from a bifurcated first compartment mechanism. In another alternative embodiment, a tab could be added to the first distal portion and second distal portion to restrict the lipstick or mascara rod implement from extending too far from their respective chambers. In another alternative embodiment, the elevator appliance portion could be automated with a small motor to enable one-handed operation of the device.

All the features disclosed in this specification, including any accompanying abstract and drawings, may be replaced by alternative features serving the same, equivalent or similar purpose, unless expressly stated otherwise. Thus, unless expressly stated otherwise, each feature disclosed is one example only of a generic series of equivalent or similar features.

It is noted that according to USA law 35 USC § 112 (1), all claims must be supported by sufficient disclosure in the present patent specification, and any material known to those skilled in the art need not be explicitly disclosed. However, 35 USC § 112 (6) requires that structures corresponding to functional limitations interpreted under 35 USC § 112 (6) must be explicitly disclosed in the patent specification. Moreover, the USPTO's Examination policy of initially treating and searching prior art under the broadest interpretation of a “mean for” claim limitation implies that the broadest initial search on 112(6) functional limitation would have to be conducted to support a legally valid Examination on that USPTO policy for broadest interpretation of “mean for” claims. Accordingly, the USPTO will have discovered a multiplicity of prior art documents including disclosure of specific structures and elements which are suitable to act as corresponding structures to satisfy all functional limitations in the below claims that are interpreted under 35 USC § 112 (6) when such corresponding structures are not explicitly disclosed in the foregoing patent specification. Therefore, for any invention element(s)/structure(s) corresponding to functional claim limitation(s), in the below claims interpreted under 35 USC § 112 (6), which is/are not explicitly disclosed in the foregoing patent specification, yet do exist in the patent and/or non-patent documents found during the course of USPTO searching, Applicant(s) incorporate all such functionally corresponding structures and related enabling material herein by reference for the purpose of providing explicit structures that implement the functional means claimed. Applicant(s) request(s) that fact finders during any claims construction proceedings and/or examination of patent allowability properly identify and incorporate only the portions of each of these documents discovered during the broadest interpretation search of 35 USC § 112 (6) limitation, which exist in at least one of the patent and/or non-patent documents found during the course of normal USPTO searching and or supplied to the USPTO during prosecution. Applicant(s) also incorporate by reference the bibliographic citation information to identify all such documents comprising functionally corresponding structures and related enabling material as listed in any PTO Form-892 or likewise any information disclosure statements (IDS) entered into the present patent application by the USPTO or Applicant(s) or any 3^(rd) parties. Applicant(s) also reserve its right to later amend the present application to explicitly include citations to such documents and/or explicitly include the functionally corresponding structures which were incorporate by reference above.

Thus, for any invention element(s)/structure(s) corresponding to functional claim limitation(s), in the below claims, that are interpreted under 35 USC § 112 (6), which is/are not explicitly disclosed in the foregoing patent specification, Applicant(s) have explicitly prescribed which documents and material to include the otherwise missing disclosure, and have prescribed exactly which portions of such patent and/or non-patent documents should be incorporated by such reference for the purpose of satisfying the disclosure requirements of 35 USC § 112 (6). Applicant(s) note that all the identified documents above which are incorporated by reference to satisfy 35 USC § 112 (6) necessarily have a filing and/or publication date prior to that of the instant application, and thus are valid prior documents to incorporated by reference in the instant application.

Having fully described at least one embodiment of the present invention, other equivalent or alternative methods of implementing a cosmetics dispensing device that stores and dispenses a darkening and texturizing composition and a glossing and coloring composition in diametrically opposing and separate compartments, according to the present invention will be apparent to those skilled in the art. Various aspects of the invention have been described above by way of illustration, and the specific embodiments disclosed are not intended to limit the invention to the particular forms disclosed. The particular implementation of the cosmetics dispensing device that stores and dispenses a darkening and texturizing composition and a glossing and coloring composition in diametrically opposing and separate compartments may vary depending upon the particular context or application. By way of example, and not limitation, the cosmetics dispensing device that stores and dispenses a darkening and texturizing composition and a glossing and coloring composition in diametrically opposing and separate compartments described in the foregoing were principally directed to a dispensing device that stores mascara, and lipstick in diametrically opposing and separate compartments; while enabling each composition to dispense independently through a unique expulsion mechanism. Lipstick and Mascara dispensing applications implementations were mostly covered; however, similar techniques may instead be applied to other types of beauty cosmetics, which implementations of the present invention are contemplated as within the scope of the present invention. The invention is thus to cover all modifications, equivalents, and alternatives falling within the spirit and scope of the following claims. It is to be further understood that not all of the disclosed embodiments in the foregoing specification will necessarily satisfy or achieve each of the objects, advantages, or improvements described in the foregoing specification.

Claim elements and steps herein may have been numbered and/or lettered solely as an aid in readability and understanding. Any such numbering and lettering in itself is not intended to and should not be taken to indicate the ordering of elements and/or steps in the claims.

The corresponding structures, materials, acts, and equivalents of all means or step plus function elements in the claims below are intended to include any structure, material, or act for performing the function in combination with other claimed elements as specifically claimed.

The corresponding structures, materials, acts, and equivalents of all means or step plus function elements in the claims below are intended to include any structure, material, or act for performing the function in combination with other claimed elements as specifically claimed. The description of the present invention has been presented for purposes of illustration and description, but is not intended to be exhaustive or limited to the invention in the form disclosed. Many modifications and variations will be apparent to those of ordinary skill in the art without departing from the scope and spirit of the invention. The embodiment was chosen and described in order to best explain the principles of the invention and the practical application, and to enable others of ordinary skill in the art to understand the invention for various embodiments with various modifications as are suited to the particular use contemplated.

The Abstract is provided to comply with 37 C.F.R. Section 1.72(b) requiring an abstract that will allow the reader to ascertain the nature and gist of the technical disclosure. It is submitted with the understanding that it will not be used to limit or interpret the scope or meaning of the claims. The following claims are hereby incorporated into the detailed description, with each claim standing on its own as a separate embodiment. 

1. A device comprising: a first compartment mechanism configured to at least contain a darkening and texturizing composition, said first compartment mechanism comprising; a first distal portion; a first cavity section configured to at least contain said darkening and texturizing composition; a threaded first base segment configured to at least enable a propulsion and retraction of said darkening and texturizing composition; wherein said darkening and texturizing composition is operable to be used as a mascara; a second compartment mechanism disposed approximately opposite said first compartment mechanism, wherein said second compartment mechanism is configured to at least contain a glossing and coloring composition, said second compartment mechanism comprising; a second distal portion; a second cavity section; a mold piece comprising said glossing and coloring composition configured to at least fit inside said second cavity section; a threaded second base segment configured to at least enable a propulsion and retraction of said glossing and coloring composition relative to said second compartment mechanism; and wherein said glossing and coloring composition is operable to be used as a lipstick; an elevator appliance portion configured to at least rotate in a first direction to propel and retract said darkening and texturizing composition from said first compartment mechanism; and wherein said elevator appliance portion is further configured to at least rotate in a second direction, to propel and retract said mold piece from said second compartment mechanism in an opposite direction from said first direction.
 2. The device of claim 1, wherein said elevator appliance portion comprises at least a flat panel configured to separate said first compartment mechanism from said second compartment mechanism.
 3. The device of claim 2, wherein said rotation of said elevator portion in said first direction is substantially independent of said rotation in said second direction.
 4. The device of claim 1, in which said first compartment mechanism further comprising a rod implement disposed in said first cavity section.
 5. The device of claim 4, in which said rod implement comprising a brush end applicator configure to be operable for applying said darkening and texturizing composition.
 6. The device of claim 4, in which said rod implement comprising a rod mount end joined with said threaded first base segment, wherein said rod mount end is configured to provide a foundation for said rod implement.
 7. The device of claim 6, wherein said elevator portion is further configured to propel and retract said rod implement from said first compartment mechanism in response to the rotation in said first direction.
 8. The device of claim 1, in which said mold piece further comprises an application end configured to aid in the application of said glossing and coloring composition.
 9. The device of claim 8, in which said mold piece further comprises a mold mount end joined with said threaded second base segment.
 10. The device of claim 9, wherein said rotation of said elevator portion in said second direction propels and retracts said mold piece from said second compartment mechanism.
 11. The device of claim 1, wherein said rotation of said elevator portion in said first direction is opposite said rotation of said elevator portion in said first direction.
 12. A device comprising: means for containing a darkening and texturizing composition; means for enabling a propulsion and retraction of said darkening and texturizing composition; means for containing a glossing and coloring composition; means for enabling a propulsion and retraction of said glossing and coloring composition relative to said second compartment mechanism; and means for propelling and retracting said darkening and texturizing composition or said glossing and coloring composition.
 13. The device of claim 12, further comprising means for separate said darkening and texturizing composition containing means and said glossing and coloring composition containing means.
 14. A device comprising: a first compartment mechanism configured to contain a darkening and texturizing composition, said first compartment mechanism comprising; a first distal portion; a first cavity section; a threaded first base segment configured to enable a propulsion and retraction of said darkening and texturizing composition; a rod implement disposed in said first cavity section; a rod mount end joined with said threaded first base segment, wherein said rod mount end is configured to provide a foundation for said rod; and wherein said darkening and texturizing composition comprises a mascara; a second compartment mechanism disposed approximately opposite said first compartment mechanism, wherein said second compartment mechanism is configured to contain a glossing and coloring composition, said second compartment mechanism comprising; a second distal portion; a second cavity section; and a mold piece comprising said glossing and coloring composition configured to fit inside said second cavity section; a threaded second base segment configured to enable a propulsion and retraction of said glossing and coloring composition relative to said second compartment mechanism; and wherein said first compartment mechanism and said second compartment mechanism is configured to be operable to be detached independently from each other.
 15. The device of claim 14, further comprising an elevator appliance portion configured to separate said first compartment mechanism from said second compartment mechanism.
 16. The device of claim 15, wherein said elevator portion is further configured to rotate in a first direction to propel and retract said rod implement from said first compartment mechanism.
 17. The device of claim 16, wherein said elevator portion is further configured to rotate in a second direction to propel and retract said mold piece from said second compartment mechanism in an opposite direction from said first direction.
 18. The device of claim 14, in which said mold piece further comprises an application end configured to aid in the application of said glossing and coloring composition.
 19. The device of claim 18, in which said mold piece further comprises a mold mount end joined with said threaded second base segment.
 20. The device of claim 19, wherein said rotation of said elevator portion in said second direction propels and retracts said mold piece from said second compartment mechanism 